Does the Court have jurisdiction to review a decision by the Health and Social Security Secretary refusing to reopen a previous decision denying benefits?
MultiRegion, United States of America
The following excerpt is from Burkhart v. Bowen, 856 F.2d 1335 (9th Cir. 1988):
Ordinarily, this court cannot review the Secretary's refusal to reopen a prior decision denying benefits. Califano v. Sanders, 430 U.S. 99, 107-08, 97 S.Ct. 980, 985-86, 51 L.Ed.2d 192 (1977). If, however, a claimant challenges the Secretary's decision on constitutional grounds, this court has jurisdiction. Id. at 108-09, 97 S.Ct. at 985-86.
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